By: Edzorna Francis Mensah
The Whistleblower (Amendment) Bill, 2023 has reached the consideration stage in Parliament with about three amendments proposed under clauses: 2, 3 and 3 in Sections 21, 24 and 24 standing in the name of the Chairman of Constitutional, Legal and Parliament Affairs and it is likely to be taken within the week ending 14th July 2023.
HIGHLIGHTS OF THE BILL
Clause 1 of the Bill introduces a new clause to provide for the utilization of moneys recovered or proceeds obtained from the sale of a confiscated asset as a result of the disclosure by a whistleblower.
Twenty per cent of the moneys recovered or proceeds obtained from the sale of a confiscated asset is to be paid into the Fund whilst the remaining eighty per cent is to be paid into the Consolidated Fund.
Clause 2 amends section 21 of the Act to expand the sources of money of the Fund to include twenty percent of any amount of money recovered as a result of the disclosure by a whistleblower.
Clause 3 amends section 24 of the Act to specify the mode of rewarding a whistleblower. Where a whistleblower makes a disclosure and the disclosure results in the recovery of an amount of money that is paid into the Fund, the whistleblower is entitled to, within fourteen days after the payment of the money into the Fund, a reward of ten percent of the money that is recovered and paid into the Fund.
Where the disclosure of the whistleblower results in a successful collaboration other than a direct recovery of money, the whistleblower is entitled to, within thirty days after the successful collaboration, a reward of an amount of money that is paid out of the Fund.
Furthermore, where there is insufficient money in the Fund for payment of a monetary reward to a whistleblower, the Minister responsible for Finance is required to pay the difference between the money available in the Fund and the amount of money required to be paid to the whistleblower, out of the Consolidated Fund and within the period indicated.
Clause 4 amends section 26 of the Act by introducing new provisions in respect of the management of the Fund.
The clause provides that where the amount of money in the Fund is in excess of fifty million Ghana Cedis, the Minister responsible for Finance is required to, in consultation with the Attorney-General, transfer the excess money into the Consolidated Fund.
Additionally, money in the Fund are required to be invested only in safe short-term market instruments.
Following the adopted of the report of Constitutional, Legal and Parliamentary Affairs for second reading of the Bill, in accordance with Article 106 of the Constitution of the Republic of Ghana on Wednesday 14th June, 2023 the House moved to the consideration of it.
The object of the Bill is to amend the Whistleblower Act, 2006 (Act 720) to expand the sources of money for the Fund, to provide a ceiling for the Fund and to specify the mode of rewards for whistleblowers. The reasoning is to avoid any form of demotivation arising out of delays in payment of rewards to whistleblowers.
Hence the need for proposed amendment to Act 720 to provide reliable and sustainable sources of funding
The committee also stressed on the critical need for the protection of the identity of whistleblowers in order not to expose them to unnecessary recrimination by powerful and influential persons in the society.
“Instituting strong whistleblower protection mechanisms is essential to safeguarding the safety of the whistleblowers, encourage citizens to report wrongdoings, and promote a culture of public accountability and integrity. The Committee therefore urges persons to whom or institutions to which disclosure of impropriety is made pursuant to Section 3 of Act 720, to observe the highest form of confidentiality and put in place stringent protective measures to protect the identity of the whistleblowers”.
Background and Justification for the Bill
The Whistleblower Act, 2006 (Act 720) was passed in 2006 as part of efforts at creating incentives and the proper structures to strengthen Ghana’s ability to combat corruption and other forms of unlawful conduct that negatively affect sustainable development efforts.
Section 20 of Act 720 established the Whistleblower Reward Fund with its main sources of funding being voluntary contributions and budgetary allocations by Parliament.
The possibility of delay in releases of approved budget into the Fund may affect prompt payment of rewards to whistleblowers.
In addition, Act 720 is silent on the time period within which the Whistleblower should be rewarded for the efforts leading to successful recovery of moneys or proceeds obtained from the sale of confiscated assets
The amendments proposed are therefore meant to cure the shortcomings in Act 720 by reducing overreliance on budgetary allocations as the main sources of revenue into the Whistleblower Reward Fund, and to also provide for timelines for payment of the rewards to successful Whistleblower.
